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With Friends Like These...

On Geo's Aapas Ki Baat show today, Najam Sethi referred to an interview that Imran Khan gave a few days ago and expressed incredulity that more notice had not been taken of the explosive claims the PTI chief had made. In it, Sethi said, Khan had claimed that a message had gone out from the army chief General Kayani to the Chief Justice of Pakistan Iftikhar Chaudhry not to drag the army into its battles with the government, and specifically that if the Supreme Court invoked Article 190 of the constitution (requiring all executive and judicial authorities to come to the aid of the Supreme Court), it should not expect the army to come to its aid.

I was truly surprised because I too had not heard about this claim anywhere and, if true, Sethi's incredulity would be absolutely spot on. Leave aside the whole question of what Article 190 actually states - for the record, there is no mention of the military in it and, in any case, even if the SC invokes 190, it does not automatically translate into calling upon the army to intervene - if true, Imran Khan's claims should have amounted to a scandalization of the Supreme Court. Not only was he claiming that there were backdoor contacts between the army and the SC, he was actually saying that the court was willing to take into account political considerations in its judgements (yes, yes, let's leave the snide comments for the time being).

Once I started searching for where these claims appeared, it quickly became clear to me why more notice had not been taken by the media and the public over these comments. The said interview was on Dr Shahid Masood's new show on Express News, called Shahidnama, which aired first on July 27. I mean, who watches Dr S&M anyway (new hair notwithstanding)?? Perfectly understandable that it went under the radar for most people...

In any case, here is the clip... the relevant portion begins around 02:20 into the clip.




For those who do not understand Urdu, this is a translated transcript of the operative part of the interview:

IK: If the Supreme Court goes towards 190 and demands that state institutions come to its aid, which is in 190, I say the army should stand with the Supreme Court. My information is that, last October, when the Supreme Court was moving ahead on the NRO [National Reconciliation Ordinance], a message was conveyed from the army to it, that if you invoke 190, we will not come [to your aid].
SM: You're saying a very big thing here...
IK: This is my information.
SM: How reliable is it? Do you believe on [sic] it?
IK: I think it's very reliable. They gave this message then that if the Chief Justice...because then the Chief Justice backed down. I believe that...
SM: One minute Imran, let me repeat this. The army sent a message to the court not to move ahead on this, otherwise 'we will not stand with you'...
IK: Yes, 'we will not allow destabilization'. Meaning they would not let democracy be destabilized...
SM: So, the judges...
IK: ..and now they've completely ruined democracy..
SM: No, but listen to me. Why did the judges back down?
IK: Look...
SM: This is very strange...
IK: The amount of pressure this government has put on Chief Justice Iftikhar.. neither did the friendly opposition come to his aid, because in the 18th Amendment they also sat on /sided with [unclear] the Parliamentary Committee...
SM: Imran wait...
IK: Listen to me...
SM: People like us get killed in the crossfire of these silent messages. I often get killed personally. I have shared this in private with you and you know, I have often got killed in the crossfire. I mean, the message goes across to 'them' and we get hit in the crossfire...

It goes on but you get the idea. So not only did Imran Khan claim that the SC was open to receiving messages from the army/ outsiders influencing it, but that the learned judges who are supposed to dispense justice on the merits of the law without fear or favour or other extraneous considerations, allowed that message to influence their judgements. As Sethi pointed out, forget the media not taking this up, neither did the Supreme Court take notice of this clear scandalization, nor was any clarification ever issued by the ISPR, denying any of this.

Unwittingly, Immy bhai has dealt a real body blow to the institution he claims to want to strengthen. Can the Supreme Court allow this open contempt of court to pass? Can it afford not to haul Immy bhai up on charges of scandalizing the court, especially while threatening the government and others with possible contempt and condemning bureaucrats left right and centre on the same charges? Can the military afford to continue to keep mum? Let us see if DrS&M really does get hit in the crossfire once again or not.


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